About Criminal Law and the Authority of the State

How does the state, as a public authority, relate to those under its jurisdiction through the criminal law? Connecting the ways in which criminal lawyers, legal theorists, public lawyers and criminologists address questions of the criminal law's legitimacy, contributors to this collection explore issues such as criminal law-making and jurisdiction; the political-ethical underpinnings of legitimate criminal law enforcement; the offence of treason; the importance of doctrinal guidance in the application of criminal law; the interface between tort and crime; and the purposes and mechanisms of state punishment. Overall, the collection aims to enhance and deepen our understanding of criminal law by conceiving of the practices of criminal justice as explicitly and distinctly embedded in the project of liberal self-governance.

Table Of Contents

Introduction Antje du Bois-Pedain, Magnus Ulväng and Petter Asp1. Punishment and Public Authority Malcolm Thorburn2. Extraterritorial Ambit and Extraterritorial JurisdictionPetter Asp3. Police Legitimacy and the Authority of the State Anthony E Bottoms and Justice Tankebe4. Security Against Arbitrary Government in Criminal Justice Lucia Zedner5. A Constitutional Perspective on the Criminalisation Process in Sweden Iain Cameron6. Against the State Anat Scolnicov7. Legal Dogmatics, Theory and the Limits of Criminal Law Erik Svensson8. The State's Obligation to Provide a Coherent System of Remedies Across Crime and Tort Matthew Dyson9. Punishment as an Inclusionary Practice: Sentencing in a Liberal Constitutional State Antje du Bois-Pedain10. Why Privatisation Matters Alon Harel